New York State Court of Claims

New York State Court of Claims

PETTUS v. THE STATE OF NEW YORK, #2008-015-039, Claim No. 113704, Motion No. M-74652


Synopsis


Pro se inmate's motion for assignment of counsel, a speedy trial and a conference was denied.

Case Information

UID:
2008-015-039
Claimant(s):
JAMES PETTUS
Claimant short name:
PETTUS
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113704
Motion number(s):
M-74652
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
James Pettus, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Glenn C. King, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
May 26, 2008
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate acting pro se, moves for the assignment of counsel, a telephone conference to discuss discovery and settlement or, alternatively, to “move forward to trial”. Claimant previously moved for the assignment of counsel, which was denied by Order of this Court dated August 17, 2007 (see Pettus v State of New York, UID #2007-015-229, Claim No. 113704 [Ct Cl, August 17, 2007] Collins, J.). This Order is now law of the case and the instant motion for the assignment of counsel is denied on this basis (Hampton Val. Farms, Inc. v Flower & Medalie, 40 AD3d 699 [2007]).

In addition, the motion for the assignment of counsel is procedurally defective as the claimant failed to submit a properly sworn affidavit in support of the motion (see CPLR 1101[a]) and failed to serve the county attorney as required (Sebastiano v State of New York, 92 AD2d 966 [1983]; Harris v State of New York, 100 Misc 2d 1015 [1979]).

To the extent the claimant requests a discovery conference, the request is denied (see 22 NYCRR § 206.10). Claimant is advised to secure the desired discovery by use of the procedural devices authorized by Article 31 of the CPLR. The matter will be scheduled for trial in due course. Based on the foregoing, the claimant's motion is denied in its entirety.



May 26, 2008
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated February 23, 2008;
  2. Unsworn, undated "Affidavit" of James Pettus;
  3. Letter dated March 31, 2008 from Glenn C. King, Esquire.